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(영문) 대전지방법원 논산지원 2015.11.06 2015고단135
강제추행미수등
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On February 1, 2015, the Defendant: (a) reported on February 1, 2015, on the fact that the victim C (the 47-year-old years-old years-old years-old years-year-old years-year-year-year-year-year-year-year-year-year-year-year-year-year-old) was found to enter the restaurant and enter the room, and (b) tried to make the victim seated by making the victim her arms unfolded and forced her to enter the restaurant. However, the Defendant failed to achieve its purport by making the said cafeteria D’s owner her arms and sold the Defendant so that

Accordingly, the defendant tried to commit an indecent act by force against the victim.

2. The Defendant: (a) stated in paragraph (1) that the Defendant intended to commit an indecent act in C at the time, place, and the victim D (the age of 68) stated that “I am sexual harassment will be committed; (b) I see the Defendant’s two arms, “I am hyp hyp hyp hyp hyp h.”; (c) I am hyp hyp hyp hyp hyp hyp hyp hump with the victim’s face at one time, and (d) caused the victim’s injury, such as brain syp hyp hyp, etc., on the part of the victim’s bridge, which requires approximately two weeks of treatment.”

Summary of Evidence

1. A witness D or C's legal statement;

1. Photographs accompanied by a report prepared by the police on occurrence of the crime;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Articles 300 and 298 of the Criminal Act, Article 257 (1) of the Criminal Act and the choice of imprisonment with labor concerning the crime;

2. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravated penalty determined for the crime of attempted indecent act by compulsion with heavier punishment)

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (hereinafter referred to as the “Sexual Crimes Punishment Act”).

4. If a conviction of a crime of attempted indecent act by compulsion on the registration of personal information becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Sexual Violence Punishment Act, and is obliged to submit personal information to a related agency pursuant to Article 43 of the Sexual Violence

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